The Federal Government shall be empowered to specify, by ordinance having the force of law requiring the consent of the German Bundesrat, framework conditions governing the use of postal services. In particular, there shall be determined in the above ordinance regulations on the conclusion of contracts, the subject and termination of contracts as well as the rights and obligations of the contracting partners and other parties engaged in postal traffic, including liability regulations and provisions on the limitation of liability.
Chapter V Rates Regulation
§19 Rates Subject to Approval
All rates charged by a licensee in a market for postal services subject to licence shall require approval by the Regulatory Authority, provided the licensee has a dominant position in the relevant market. Sentence 1 shall not apply to rates payable for conveyance services involving a minimum mailing volume of 50 letter post items.
§20 Criteria Applicable to Rates Approval
(1) Rates subject to approval shall be based on the costs of efficient service provision and comply with the requirements of (2) below.
(2) Rates subject to approval may not
1. contain any surcharges prevailing solely as a result of the provider’s dominant position in the market;
2. contain any discounts prejudicing in anti-competitive manner the competitive opportunities of other companies in a postal services market;
3. create any advantages for individual users in relation to other users of postal services of the same type
unless a legal obligation or another objectively justifiable reason can be evidenced. Due regard shall be given in particular to the costs of observance of the basic working conditions common in the licensed sector as well as the costs of postal service provision throughout the Federal Republic of Germany and the costs incurred by staff pension payments ensuing from legal succession to Deutsche Bundespost.
(3) §11(1) and any ordinance having the force of law issued by virtue of §11(2) of this Act shall remain unaffected.
§21 Forms of and Procedure for Rates Approval
(1) The Regulatory Authority shall approve rates
1. on the basis of the costs of efficient service provision apportioned to the particular service; or
2. on the basis of the benchmarks it prescribes for the average rates of change in the rates for a basket of combined services.
(2) In the case of (1) subpara 1 above the Regulatory Authority shall examine compliance with the requirements of §20(2) subpara 1 of this Act for each separate rate. In the case of (1) subpara 2 above the requirements of §20(2) subpara 1 of this Act shall be deemed satisfied given compliance with the benchmarks specified.
(3) Rates shall not be approved when they fail to satisfy the requirements of §20(2) subpara 1 of this Act in accordance with (2) above or when they violate other legal provisions. Nor shall rates be approved when it is clear that they fail to satisfy the requirements of §20(2) subpara 2 or 3 of this Act.
(4) The Federal Government shall be empowered to issue, by ordinance not requiring the consent of the German Bundesrat, detailed provisions on the forms of approval referred to in (1) above and the conditions underpinning the Regulatory Authority decision on which of the procedures referred to in (1) above is applicable. The ordinance shall detail the procedure to be followed, notably the licensee’s obligation to submit documents, the structure of the cost statement the licensee shall draw up and the obligation of the Regulatory Authority to publish rates. Further, the components and the content of the benchmarks and baskets referred to in (1) subpara 2 above shall be determined. Sentences 1 and 2 above shall also apply to the rates review according to §§24 and 25 of this Act.
§22 Decisions on Rates Approval
(1) Applications for rates approval shall be submitted in writing. Where approval granted for a limited period expires, an application for extended approval shall be submitted at least ten weeks prior to the expiration date.
(2) The Regulatory Authority shall decide on an application for approval within a period of six weeks of receipt of the application. It may extend this by a period not exceeding four weeks by notifying the applicant accordingly. The Regulatory Authority shall decide on the application within this four-week period.
(3) The collateral clauses referred to in §36(2) of the Administrative Procedures Act may be appended to approval.
(4) Rates approved shall be published in the Official Gazette of the Regulatory Authority.
§23 Divergence from Approved Rates
(1) The licensee shall undertake to charge solely rates as approved by the Regulatory Authority.
(2) Contracts for services featuring rates other than those approved shall be effective provided that the rate approved takes the place of the rate agreed. In the absence of approved rates despite the rates being subject to approval under §19 of this Act, contracts shall be ineffective.
(3) The Regulatory Authority may prohibit execution of a contract featuring rates other than rates approved, or ineffective according to (2) sentence 2 above.
§24 Ex Post Review of Approved Rates
(1) Where the Regulatory Authority becomes aware of facts warranting the assumption that approved rates fail to comply with the criteria given in §20(2) subpara 2 or 3 of this Act, it shall initiate a review of these rates. It shall notify the company concerned in writing of such initiation.
(2) The Regulatory Authority shall take a decision within a period of two months of initiating the review.
(3) Where the Regulatory Authority establishes that rates reviewed fail to comply with the criteria given in §20(2) subpara 2 or 3 of this Act, it shall call upon the company concerned to adjust the rates to the given criteria without undue delay. Any such call shall be published in the Official Gazette of the Regulatory Authority.
(4) In the event of non-compliance with the adjustment called for by the Regulatory Authority according to (3) above the Regulatory Authority shall prohibit the practices to which objection was made and declare the rates invalid.
§25 Review of Rates Not Subject to Approval
(1) Where the Regulatory Authority becomes aware of facts warranting the assumption that rates not subject to approval charged by a provider in a market for postal services fail to comply with the criteria given in §20(2) of this Act, it shall initiate a review of these rates if the provider has a dominant position in the relevant market. It shall notify the company concerned in writing of such review. §24(2) of this Act shall apply accordingly.
(2) Where the Regulatory Authority establishes that rates fail to comply with the criteria given in §20(2) of this Act, it shall call upon the company concerned to adjust the rates to the given criteria without undue delay. Any such call shall be published in the Official Gazette of the Regulatory Authority.
(3) In the event of non-compliance with the adjustment called for by the Regulatory Authority according to (2) above the Regulatory Authority shall prohibit the practices to which objection was made and declare the rates invalid.